Vol. 534 No. 1
99 Mr. Bell asked the Minister for Health and Children the discussions he has had with the Irish Blood Transfusion Service and those hospitals and health boards which have yet to waive privilege over documents sought for the Lindsay Tribunal, especially having regard to the motion passed by the Oireachtas Joint Committee on Health and Children on 22 March 2001; and if he will make a statement on the matter. [9980/01]
On 1 February last the chairperson of the Lindsay Tribunal ruled that all parties before it were entitled to claim legal privilege over documents brought into existence for the purpose of seeking legal advice or for the purpose of litigation. Notwithstanding this ruling, I decided to waive my claim for privilege over the documents within my power, including documents held in the Chief State Solicitor's office which may cast light on my Department's state of knowledge during the lead up to the 1991 HIV settlement regarding the source of the HIV infection of persons with haemophilia. These documents were produced to the Lindsay Tribunal on 2 March.
While I have not had any discussions with the parties who have not waived their claims for privilege in relation to the Lindsay Tribunal, I would encourage them to follow my lead in this matter. As the chairperson said, the right to claim privilege is a fundamental one which is vested in the individual, or the individual corporate body, and the independent status of the bodies who are parties to the tribunal was referred to by the chairperson in her ruling. The question of whether to waive privilege is a matter for each party to decide for itself.
